Re: Dershowitz: Congress Failing to Authorize Funds the President Wants Isn’t an Emergency
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Not a close call
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Date: February 19, 2019 11:44AM
Dershowitz was once kind of a clever fellow, but in this case at least, he's lost his marbles. The President clearly has the power to declare emergencies, and the courts' will give him plenty of deference on that matter rather than doing any sort of second guessing.
Where Trump's whole scheme comes a cropper is in thinking he can then just move money around. This is what sank Truman in the 1950s steel case. Congress had a chance to vote in favor of wall-funding and flatly turned that down. Trump and the Executive branch cannot then come along and usurp Legislative branch authority simply because they disagree with the actions taken.